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HomeMy WebLinkAbout1980-09-02; City Council; Resolution 6293RESOLUTION NO. 6293 B. Resolution in this C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-22) FOR A 7-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-101) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: LATITUDE 33. That the findings of the Planning Commission in No. 1672 constitute the findings of the City Council matter. That said Tentative Subdivision Map, together with WHEREAS, on July 23, 1980 the Carlsbad Planning Commission adopted Resolution No. 1672 recommending to the City Council that Tentative Subdivision Map (CT 80-22) and Condominium Permit (CP-101) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on August 19, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-22) and Condominium Permit (CP-101); and WHEREAS, said Tentative Subdivision Map and Condominium Permit have been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City qf Carlsbad, California as follows: 4. That the above recitations are true and correct. I ’? c-. visions for its design and improvement and subject to ditions of this resolution, is consistent with all le general and specific plans of the City of Carlsbad. That Tentative Subdivison Map (CT 80-22) and Condominium P-101) are hereby approved subject to all applicable nts of the Carlsbad Municipal Code and to the satisfactio nditions contained in Planning Commission Resolution dated July 23, 1980, marked Exhibit A, attached made a part hereof. ASSED, APPROVED, AND ADOPTED at a regular meeting of the ouncil of the City of Carlsbad, California, on the 2nd September , 1980 by the following vote, to wit: YES: Council Members Packard, Casler, Anear, Lewis and Kulchin ~BSENT: None ATTE s TI : (SEAL) -2- a 3 3 2 3 .4> 5 6 7 8 9 10 3.3. 3-2 13 14. J.5. 16 17 I 30 r- TO CITY COUNCIL NO. 6293 The in filed has been Planning provided July, law to all heard, Tentative NOW, Commission PLANNING COMMISSION RESOLUTION NO. 1672 WEEREAS, a verified application for certain property to, wit: the City of Carlsbad, according to Map thereof No. 1081, northwesterly 100 feet of Tract 219 of Thumlands, December 9, 1915 filed with the City of CarPsbad, and referred to the Commission; and I hHEREAS, said verified application constitutes a request as by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day of -- - -- ._ - 1980, hold a duly noticed public hearing as prespribed by aoiisider said request; and WHEREAS, at said public hearing, upon hearing and considering testimony and arguments,'if anyI of all persons desiring to be t said Commission considered all'factors relating to the Tract kap and Condominium Permit e TEEREFORE, BE IT HEREBY RESOLVED by the Planning J as follows: P A RESOLUTION OF THE PLMWING COMMISSION OF THE CITY OF CARLSRAD, CALIFOXNIA, IIECOWIENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND A CONDOMINIUM PEiiMIT TO 'DEVELOP SEVEN (7) UNITS ON PROPERTY GENERALLY LOCATED OW THE EAST SIDE OF LINCOLN STREET BETWEEN PINE AVENUE AND WALNUT AVENUE. APPLICANT: LATITUDE 33 CASE NO: CT 80-22/CP-101 t the above recitations are true and correct. t based on the evidence presented at the public hearing, the following findings hnd subfect to the following Commission recommends APPROVAL of CT 80-22/CP-101, based ce it 5s within the density 'range specified for the project is consistent with the city's general plan si e, t .- \ .~ 1 2 ,3 . -3 ,. 5 6 7 8 9 10 33. 12 . I3 a4 25 16 le 19 ac 21 22 2: 24 25 26 27 ' 28 Th PO a. b. C. d. e. f. site is physically suitable for the type and density of development since the site is adequate in size and shape, cconmodate resideGtia1 development at the density losed and still meet all the requirements of the ominium ordinance. project is consistent with all city public facility cies and ordinances since: The applicant has received. 7 edu's from the second phase sewer allocation in the City of Carlsbad Sewer District. The Planning Commission has, by inclusion 0-f an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map bill not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final inap that building permits will not be issued for the condominiumsproject unless sewer service is available, and building cannot occur within the project unless is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this tentative map and condominium permit approval. .sewer service remains available, the Planning ComissFon School facilities will be provided by the Carlsbad Unified School District. Park-in-lieu fees are required I as a condition of apprbvirl All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusior of an appropriate condition to pay a public facilities fee. fee will enable this body to find that pubiic. facilities will be available concurrent with need As required by the General Plan. Performance of that contract and payment of the ue Tte proposed project is compatible with the surrounding land since much of the surrounding property has been or is b ing developed in a similar manner, 4 tentative map and condominium project meets all criteria of the condominium ordinance as the staff report and exhibit "A" dated June 27, I T e propascd tentative map and condominium project meets all of r the development standards of the condominium ordinance as I' \ 3- ." J i 5 4 C t P I E 5 J.C 11 12 $2 14 I5 2.6 3.3 1E a9 a0 21 22 23 24 25 26 a7 \ 28 in the staff report and Exhibit "A" dated, June 27, all required improvements will environmental impacts since, based investigation of the site, the P a negative declaration on July Conditidns , . roval is granted for CT 80-22/CP-101, as shown on ibit(s) "A", "B", and rfCrrt dated June 27, 1980, orporated by reference and on file in the Planning artment. Development shall occur substantially as project is approved upon the express condition building permits shall not be issued for development he subject property unless the City Engineer determines sewer facilities are available at the time of ication for such sewer permits and will continue to ailable until time of occupancy,, project is approved upon the express condition the final map shall not be approved unless the Council finds as of the time of slzch approval that project 2s approved upon the express conditicx the applicant shall pay a public facilities €ee as red by City Council Policy No, 17, dated August 979, on file with the City Clerk and incorporated n unless otherwise noted in these conditions. service is available to serve the subdivision. by reference, and accoFding to the agre'ement ed by the applicant €or payment of said fee a f that agreement dated April 17, 1980, is on file he City Clerk and is incorporated herein by nce, If said fee is not paid as promised, this ation will not be consistent with the General nd approval for this project shail be void, plicant shall prepare a reproducible mylar of -the' condomini'um site plan incorporating the conditions ned herein. Said site plan shall be submitted to proved by the Planning Department prior to the ce of building permits. plicant shall prepare a detailed landscape and tion plan which shall be submitted to and approved Planning Department prior to final map approval. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCGtR's shall bc submitted to and approved by the Pla n ning Dcpar.tment prior to final map approval. PC RESO.#X672 . " .I -2- \ .. 1 2 3 4 % 6 7 8 9 10 11 12 93 14 95 26 a7 3-8 19 20 23. 22 23 24 25 26 27 28 shall view and and all city rder to provide'for fire protection during the truction period, the applicant shall maintain uate fire hydrants with required fire flows shall nstalled on and off site as required by the Fire able vehicular access to all buildings. In addition, F nt shall install street trees to city spec- at 40 foot intervals along all public street rior to final occupancy of any building. of said trees shall be subject to the the Parks and Recreation Department. nt shall pay park-in-lieu fees to the city, e approval of the final map as per Chapter e city's subdivision regulations. roposed for this development shall be equire review and approval by the Planning prior to installation of such signs, ped areas shall be maintained in a healthy g condition, free from weeds, trash, and conformance with the City's Sign Ordinance tacle areas shall be enclosed by a 6 foot y wall with gates pursuant to city standards. said receptacles shall be approved by the rector and Fire Marshall prior to final map be architecturally integrated and shielded from and the sound buffered fkom adjacent properties streets to the satisfaction of the Planning Department Building Department. Approval of this request shall not excuse compliance with ordinances in effect at time of building permit issdance. .- sections of the zoning ordinance and a11 other applj.cable developer shall receive the approval of the City for a site grading plan and obtain a grading to issuance of buildi'ng permits if grading 250 cubic yards. plan, and the work shall be coordinated plan for grading to the satisfaction shall be constructed in accordance and dryer, \ -4- i space. for laundry facilities to 3. ,2 3 ,a '6 6 7 8 9 1.0 2.1 12 . 13 J4 35 36 17 18 19 20 "i 22 23 24 25 26 27 , 20 All at Tow The and cen occ Pri spa the PAS Planning the 23rd . AYE NOE ABS ABS ATTEST: JfgB& _c_ a . PC RESO 0' xivate driveways shall be kept clear of parked vehicles L1 times, and shall have posted "NO Parking/Fire Lane/ lway Zone" as per condition in Municipal Code. 9- leveloper shall i'mprove Lincoln Street to city standards subject to the approval of the City Engineer based on a 3rline to curb face width of 20 feet prior to the ?ancy of any units. : to final occupancy of any units, the visitor parking 3s shall be signed and labeled to the satisfaction of 'lanning Director. ZD, APPROVED AND ADOPTED at a regular meeting of the :omission of the City of Carlsbad, California, held on lay of July, 1980, by the following vote, to wit: : Schick, Larson, Friestedt, Rombotis, Marcus, Leeds : None ?T: None '. and Jose 1IN: None ,o, Chairrnan CARLSBAD PLANNING C MMISSION \s ? LAMN f: NG &/OMMI s s I ON / 1672 _. \ . -5-